Principled international criminal justice : lessons from tort law / Mark Findlay, Joanna Chuah Hui Ying.

London ; New York : Routledge, Taylor & Francis Group, 2019.

1 online resource (189 pages)

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Commencing its search for a principled international criminal justice, this book argues that the Preamble of Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns - the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The sustainable harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new rational vision for the juridical project of international criminal justice.

Taylor & Francis. EBA 2024-2025.

Print version: Findlay, Mark. Principled international criminal justice : lessons from tort law. London ; New York : Routledge, Taylor & Francis Group, 2019 International and comparative criminal justice.

Books / Online

English

August 07, 2024

Includes bibliographical references and index.

Electronic books.